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(영문) 인천지방법원 2013.09.27 2013노1866
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, although the Defendant had sufficiently taken necessary measures to confirm the age at the time of employing FF as an employee at his head office, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.

2. In light of the legislative purpose of the Juvenile Protection Act’s assertion of misunderstanding of facts, the employer of a business establishment harmful to juveniles such as the head of a workplace with the head of a workplace with the head of a workplace with the head of a workplace with the head of a workplace with the head of a workplace with the head of

As such, when a business owner of a head office employs an employee at the head office, he/she shall verify the person's age based on his/her resident registration certificate or other evidence of public probative value of his/her age to the extent similar thereto, and if the person subject to employment is not easy to verify his/her age due to the loss of his/her identification card, etc., if the person subject to employment is not easy to confirm his/her age, the head of a business establishment harmful to juveniles should withhold or refuse the employment until the juvenile can clearly verify his/her age by public proof, in light of the situation of employment vulnerable to many industries.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the F presented the identification card in 1993 at the time of the defendant's visit to the E-ju store operated by the defendant, but this was not his identification card, but he was the main identification card in the Eastern, and (ii) the I, who was part of the E-line at the above E-line, was the 193 student card presented by the F.

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